RULES  AND  DIRECTIONS 


FOR 


PROCEEDINGS 


IN 


THE  CONFEDERATE.  STATES 


PATENT    OFFICE, 


RICHMOND: 

RITCHIE   &  DUNNAVANT,    PRINTERS. 
1S61. 


RULES  AND  DIRECTIONS 


FOR 


PROCEEDINGS 


IS 


THE  CONFEDERATE  STATES 


PATENT    OFFICE, 


RICHMOND: 

RITCHIE   &   DUNNAVANT,    PRINTERS* 
1SG1 


iiULES  AND  DiRECTIOM 


^The  following  information  and  regulations  are 
inainly  intended  for  the  benefit  of  persons  having 
business  with  the  patent  office.  They  are  designed 
to  be  in  strict  accordance  with  the  act  of  congress 
of  May  gist,  18G1  i 

1.  Any  citizen  of  the  Confederate  States,  or 
alien,  provided  the  government  of  the  latter  has 
recognized  the  independence  of  the  Confederate 
States  and  is  at  the  time  in  amity  with  them,  may 
obtain  a  patent  for  any  invention  or  improvement 
made  by  him  that  is  new  and  useful. 

2.  The  assignee  of  any  invention  may  have  the 
patent  issue  to  him  directly ;  but  this  is  held  to 
apply  only  to  assignees  of  entire  interests  ;  so  that 
although  when  the  inventor  assigns  his  entire  in- 
terest to  two  or  more  a  patent  will  issue  to  them 
jointly,  still  if  he  yet  retains  a  portion  in  himself} 
a  joint  patent  will  not  be  issued  to  him  and  them. 

3.  In  case  of  the  death  of  the  inventor,  the  pa- 
tent will  issue  to  his  legal  representatives.    (Sec.  9.) 


A 

4.  Joint  inventors  arc  entitled  to  a  joint  patent; 
but  neither  can  claim  one  separately. 

5.  If  the  inventor  be  a  slave,  his  master  may 
make  the  oath  in  his  stead,  and  on  complying  with 
the  requisites  of  the  law,  may  obtain  a  patent. 

Of  patents  granted  by  the   United  States'. 

6.  Patents  granted  to  citizens  of  the  Confede- 
rate States,  or  of  the  states  of  Tennessee  and  North 
Carolina,  prior  to  the  4th  of  February  1861,  may 
be  revived  and  continued  in  force  for  the  term  for 
which  they  were  issued  yet  unexpired,  by  having' 
them  recorded  in  this  office  within  nine  months 
from  the  21st  May  1861.     (Sec.  49.) 

The  holders  of  such  patents  are,  however,  re- 
quired, in  order  to  entitle  themselves  to  the  benefit 
of  this. section  of  the  law,  to  pay  a  duty  of  twenty 
dollars,  the  cost  Of  recording,  at  the  rate  of  ten 
cents  per  every  hundred  words,  and  to  deposit  such 
descriptive  drawings,  and  a  model  also,  if  neces- 
sary, as  will  explain  and  identify  the  inventions 
Covered  by  the  patent. 

The  drawing  should  be  a  copy  of  that  annexed 
to  the  patent. 
'It  must  be  Understood  that  this  provision  of  (he 


law  does  not  extend  to  patents  that  have  been  ex- 
tended beyond  the  term  of  fourteen  years  by  the 
United  States  government.  An  extended  patent 
cannot  be  revived. 

It  is  recommended  to  those  who  desire  to  revive 
their  patents,  that  no  time  be  lost  in  fulfilling  the 
conditions  above  indicated. 

What  will  prevent  the  grant  of  a  patent. 

7.  Even  although  the  applicant  has  in  good  faith 
actually  made  an  invention,  a  patent  therefor  will 
not  be  granted  him,  if  the  whole  or  any  part  of 
what  he  claims  as  new  had  before  been  patented, 
or  described  in  any  printed  publication  in  this  or 
any  foreign  country  ;  or  even  if  it  had  before  been 
invented  or  discovered  in  this  country ;  or  if  he 
has  once  abandoned  his  invention  to  the  public ;  or 
if,  with  his  consent  and  allowance,  it  has  been  for 
more  than  two  years  in  public  use  or  on  sale. 
(Sees.  6  and  7.) 

8.  The  mere  fact  of  prior  invention  or  disco- 
very abroad  will  not  prevent  the  issue  of  the  pa- 
tent, unless  the  invention  had  been  there  patented 
or  described  in  some  printed  publication  ;  nor  will 
the  procurement  of  a  patent  by  any  individual  in 


a  foreign  country  and  the  publication  of  the  same, 
defeat  his  application  for  a  patent  in  this  country, 
if  his  specifications  and  drawings  shall  be  filed 
within  six  months  after  the  date  of  said  foreign 
patent.     (Sec.  S.) 

Mode  of  'proceedings  to  obtain  a  patent. 

9.  The  application  must  be  made  by  the  actual 
inventor,  if  alive — unless  he  be  a  slave — even 
though  the  patent  is  to  issue  to  the  assignee ; 
but  where  the  inventor  is  dead,  the  application  and 
oath  may  be  made  by  the  legal  representative, 
(Sec.  9.) 

10.  The  application  must  be  in  writing,  signed 
by  the  applicant,  and  addressed  to  the  commis- 
sioner of  patents. 

The  following,  varied  according  to  circumstances, 
will  answer  the  purpose : 

Petition. 

To  the  Co?7imissioner  of  Patents: 

The  petition  of  John  Smith  of  Mobile, 
county  of  Mobile  and  state  of  Alabama, 

Respectfully  represents,  that  your  petitioner  has 
invented  a  new  and  improved  mode  of  preserving 


meats,  which  he  verily  believes  has  not  been  known 
or  used  prior  to  the  invention  thereof  by  your  pe- 
titioner. He  therefore  prays  that  letters  patent  of 
the  Confederate  States  may  be  granted  to  him 
therefor,  vesting  in  him  and  his  legal  representa- 
tives the  exclusive  right  to  the  same,  upon  the 
terms  and  conditions  expressed  in  the  act  of  con- 
gress, in  that  case  made  and  provided  ;  he  having 
paid  twenty  dollars  into  the  treasury,  and  complied 
with  the  other  provisions  of  said  act. 

John  Smith. 

11.  The  applicant  must  set  forth  in  his  specifi- 
cation the  precise  invention  for  which  he  claims  a 
patent.  If  claimed  as  a  mere  improvement  on 
another  invention,  that  fact*  should  be  clearly 
stated;  and  if  claimed  as  substantially  differing 
from  another  invention  with  which  it  appears  to 
be  coincident,  the  difference  must  be  clearly  pointed 
out. 

12.  Two  or  more  machines  will  not  be  allowed 
to  be  the  subject  of  one  patent,  unless  connected 
in  tfieir  design  and  operation. 

13.  The  specification  must  be  signed  by  the  in- 
ventor (or  by  his  executor  or  administrator,  if  the 
inventor  be  dead,  or  by  his  master  if  he  be  a  slave). 


8 

It  should  describe  the  sections  of  the  drawings — 
where  there  are  drawings — and  refer  by  letters  and 
figures  to  the  different  parts.  The  following  may 
be  taken  as  a  proper  form  : 

Specification. 

To  all  ivlwm  it  may  concern : 

Be  it  known,  that  I,  James  Jones  of  Rich- 
mond, in  the  county  of  Henrico,  in  the  state  of  Vir- 
ginia, have  invented  a  new  and  improved  mode  of 
preventing  the  explosion  of  steam  boilers  ;  and  I  do 
hereby  declare  that  the  following  is  a  full  and  ex- 
act description  thereof,  reference  being  had  to  the 
accompanying  drawings,  which  make  a  part  hereof, 
and  to  the  letters  of  reference  marked  thereon. 
The  nature  of  my  invention  consists  in  providing 
the  upper  part  of  a  steam  boiler  with  an  aperture 
in  addition  to  that  for  the  safety  valve ;  which 
aperture  is  to  be  closed  by  a  plug  or  disk  of  alloy, 
which  will  fuse  at  any  given  degree  of  heat,  and 
permit  the  steam  to  escape,  should  the  safety  valve 
fail  to  perform  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and. 
use  my  invention,  I  will  proceed  to  describe  its 
construction  and  operation.  I  construct  my  boiler 
in  any  of  the  usual  forms,  and  apply  thereto  gauge 


9 

cocks,  a  safety  valve,  and  the  other  appendages  of 
such  boilers ;  but  in  order  to  obviate  the  danger 
arising  from  the  adhesion  of  the  safety  valve,  and 
from  other  causes,  I  make  a  second  opening  in  the 
top  of  the  boiler,  similar  to  that  made  for  the 
safety  valve,  as  shown  at  A,  in  the  accompanying 
drawing ;  and  in  this  opening  I  insert  a  plug  or 
disk  of  fusible  alloy,  securing  it  in  its  place  by  a 
metal  ring  and  screws,  or  otherwise.  This  fusible 
metal  I  in  general  compose  of  a  mixture  of  lead, 
tin  and  bismuth,  in  such  proportions  as  will  insure 
its  melting  at  a  given  temperature,  which  must  be 
that  to  which  it  is  intended 'to  limit  the  steam; 
and  will  of  course  vary  with  the  pressure  the  boiler 
is  intended  to  sustain. 

I  surround  the  opening  containing  the  fusible 
alloy  by  a  tube  B,  intended  to  conduct  off  any 
steam  that  may  be  discharged  therefrom.  When 
the  temperature  of  the  steam  in. the  boiler  rises  to 
its  assigned  limit,  the  fusible  alloy  will  melt  and 
allow  the  steam  to  escape  freely,  thereby  securino- 
the  boiler  from  all  danger  of  explosion.  What  I 
claim  as  my  invention,  and  desire  to  secure  by  let- 
ters patent,  is  the  application  to  steam  boilers  of  a 
fusible  alloy,  which  will  melt  at  a  given  tempera- 
ture4, and  allow  the  steam  to  escape,  as  herein  dc- 


10 

scribed,  using  for  that  purpose  the  aforesaid  me- 
tallic compound,  or  any  other  substantially  the 
same,  and  which  will  prockree  the  intended  effect. 

James  Jones. 
Witnesses : 

Robt.  Fulton. 
Oliver  Evans. 

When  the  application  is  for  a  machine,  the  spe- 
cification should  commence  thus : 

Ik  it  known,  that  I,  of 

in  the  county  of 
and  state  of  ,  have  invented  a 

new  and  useful  machine  for  (state  the  use  and  title 
of  the  machine;  and  if  the  application  is  for  an 
improvement,  it  should  read  thus :  a  new  and  use- 
ful improvement  on  a,  or  on  the  machine,  &c.  &c.) : 
and«  I  do  hereby  declare  that  the  following  is  a  full, 
clear  and  exact  description  of  the  construction  and 
operation  of  the  same,  reference  being  had  to  the 
annexed  drawings,  making  a  part  of  this  specifica- 
tion, in  which  figure  1  is  a  perspective  view  ;  figure 
2,  a  longitudinal  elevation ;  figure  3,  a  transverse 
section,  &c.  (Describe  all  the  sections  of  the  draw- 
ings, and  then  refer  to  the  parts  by  letters.)  Then 
follows  the   description  of  the    construction   and 


11 


operation  of  the  machine.  And  lastly,  make  the 
claim,  which  should  express  the  nature  and  cha- 
racter of  the  invention,  and  identify  the  parts 
claimed  separately  or  in  combination.  If  the  spe- 
cification is  for  an  improvement,  the  original  inven- 
tion should  be  disclaimed,  and  the  claim  confined 
to  the  improvement. 

14.  The  specification  must  be  signed  by  the  in- 
ventor, and  attested  by  two  witnesses.     (Sec.  G.) 

15.  The  applicant  must  then  make  oath  or  affir- 
mation substantially  as  follows : 

Oath. 

City  and  County  of  Mobile,  State  of  Alabama,  ss: 

On  this  day  of  1S6     , 

before  me,  the  subscriber,  a  ,  per- 

sonally appeared  the  within  named  Amos  Apple- 
ton,  and  made  solemn  oath  (or  affirmation)  that  he 
verily  believes  himself  to  be  the  original  and  first 
inventor  of  the  mode  herein  described  for  prevent- 
ing the  decay  of  wood,  and  that  he  does  not  know 
or  believe  the  same  was  ever  before  known  or 
used ;  and  that  he  is  a  citizen  of  the  Confederate 
States  of  America. 

(Signed)  C S , 

Justice  of  the  Peace, 


12 

16.  The  oath  may  be  taken  before  any  person 
authorized  by  law  to  administer  oaths. 

1 7.  When  the  oath  is  taken  in  a  foreign  conn- 
try,  it  may  be  taken  before  any  minister  plenipo- 
tentiary, charge  d'affaires,  consul  or  commercial 
agent  holding  commission  under  the  government 
of  the  Confederate  States,  or  before  any  notary 
public  of  the  country  in  which  the  oath  is  taken, 
being  attested  in  all  cases  by  the  proper  official 
seal :  and  provided  always  the  foreign  state  in 
which  the  oath  is  taken  shall  have  recognized  the 
independence  of  the  Confederate  States,  and  shall 
be  at  the  time  in  amity  with  them.     (Sec.  31.) 

-  18.  The  drawings  required  by  law  (sec.  6)  should 
generally  be  in  perspective.  Such  parts  as  cannot 
be  shown  in  perspective  must,  if  described,  be  re- 
presented in  plans,  sections  or  details. 

19.  Duplicate  drawings  are  required.  They 
should  be  neatly  executed  On  sheets  separate  from 
the  other  papers — from  sixteen  to  eighteen  inches 
from  top  to  bottom,  and  not  less  than  thirteen 
across,  nor  more  than  twenty-five,  unless  more 
space  is  necessary  to  exhibit  the  device  or  machine 
with  clearness.  One  of  these  drawings,  which  is 
to  be  kept  in  the  office  for  reference,  should  be  on 
stiff  drawing  paper.     The  other,  which  is  to  b& 


attached  to  the  patent,  should  hare  a  margin  of  at 
least  one  inch  for  that  purpose  on  the  right  hand 
side,  and  should  be  on  some  material  that  will 
bear  folding  and  transportation.  Each  part  should 
be  distinguished  by  the  same  number  or  letter, 
wherever  that  part  is  delineated  in  the  drawings, 
and  should  be  referred  to  in  the  specification  by 
such  number  or  letter.  These  drawings  should  be 
signed  by  the  applicant,  and  attested  by  two  wit- 
nesses, 

20.  The  model  must  be  neatly  and  substantially 
made  of  durable  material,  and  not  more  than  one 
foot  in  length  or  height,  except  where  a  larger 
model  is  permitted,  for  special  reasons,  to  be  shown 
by  the  applicant.  Models  filed  as  exhibits,  in  in- 
terference and  other  cases,  should  also,  if  practica- 
ble, conform  to  this  rule  as  to  size.  Should  they 
exceed  this  limit,  they  will  not  be  preserved  in  the 
office  after  the  termination  of  the  case  to  which 
they  belong.  If  ma.de  of  pine  or  other  soft  wood, 
they  should  be  painted,  stained  or  varnished.  A 
working  model  is  always  desirable,  in  order  to  en- 
able the  office  fully  and  readily  to  understand  the 
precise  operation  of  the  machine.  The  name  of 
the  inventor,  and  also  of  the  assignee  (if  assigned), 
must  be  fixed  upon  it  in  a  permanent  manner. 


14 

21.  When  the  invention  is  of  a  composition  of 
matter,  a  specimen  of  the  ingredients  and  of  the 
composition  which  the  law  requires  (see.  0),  must 
accompany  the  application,  and  the  name  of  the 
inventor  and  assignee  (if  there  be  one)  must  be 
permanently  affixed  thereto. 

22.  Models  or  specimens  forwarded  without  a 
name,  are  liable  to  be  lost  or  mislaid,  as  they  can- 
not be  entered  upon  the  record. 

23.  No  application  can  be  examined,  nor  can  the 
case  be  placed  upon  the  files  for  examination,  until 
the  fee  is  paid,  and  the  specification,  petition,  oath, 
drawings,  specimen  or  model  (when  required)  are 
filed. 

24.  The  following  persons  are  appointed  agents 
to  receive  all  moneys  to  be  paid  into  the  office,  on 
applications  for  patents  or  otherwise  : 

The  collector  of  the  port  of  New  Orleans,  La. 
The  collector  of  the  port  of  Mobile,  Alabama. 
The  collector  of  the  port  o£  Savannah,  Ga. 
The  collector  of  the  port  of  Charleston,  S.  C. 
The  collector  of  the  port  of  Wilmington,  N.  C. 

25.  Models,  specimens,  and  every  other  thing 
pertaining  to  applications  for  patents,  must  be  for- 
warded at  the  expense  of  the  applicant.  The  cost 
of  transportation  and  the  postage  will  in  no  case 
be  defrayed  bv  the  office. 


15 

26.  Applications  will  be  examined  and  disposed 
of,  as  far  as  practicable,  in  the  order  in  which  they 
are  completed.  When,  however,  an  invention  is 
deemed  of  peculiar  importance  to  some  branch  of 
the  public  service,  and  when  for  that  reason  the 
head  of  a  department  of  the  government  specially 
requests  immediate  action,  the  case  will  be  taken 
up  out  of  its  order. 

27.  A  specification  cannot  be  amended  in  any 
material  part,  unless  there  is  something  to  amend 
by — that  is  to  say,  it.  can  only  be  so  amended  as  to 
cause  it  to  correspond  with  the  drawing  or  model. 
A  similar  rule  will  be  enforced  in  regard  to  amend- 
ments of  the  drawings  or  model. 

28.  The  personal  attendance  of  the  applicant  at 
the  patent  office  is  unnecessary.  The  business  can 
be  done  by  correspondence  or  by  attorney.  All 
correspondence  must  be  addressed  to  the  commis- 
sioner. 

29.  When  an  application  has  been  finally  de- 
cided, the  office  will  retain  the  original  papers,  fur- 
nishing the  applicant  copies — if  he  desires  them — 
at  the  rate  of  10  cents  the  hundred  words. 

30.  If  a  patent  is  granted,  it  will  be  transmitted 
to  the  patentee,  or  his  agent,  in  case  he  has  a  full 
power  of  attorney  authorizing  him  to  receive  it. 


lfi 


Retaining  patents  in  ike  secret  archlveSi 

31.  No  applicatioD  upon  which    a   patent  liast 

been  ordered  to  issue,  shall  l)e  retained  in  the 
secret  archives  of  the  office  more  than  six  months 
from  the  day  on  which  the  patent  was  ordered  to 
issue.  The  request  to  have  the  patent  placed  in 
the  secret  archives  must  in  all  cases  be  made  by 
the  patentee  or  the  assignee  of  all  the  interest 
therein,  in  writing,  and  filed  with  the  chief  clerk, 
before  the  patent  shall  be  recorded.  On  like  request 
and  the  payment  of  the  fee  by  any  applicant,  his 
specification  and  drawings  will  be  filed  in  the  secret 
archives  of  the  office  until  he  shall  furnish  the 
model  and  the  patent  be  issued,  not  exceeding,- 
however,  the  term  of  two  years,  the  applicant 
being  entitled  to  notice  of  interfering  applications. 

Of  (qycah. 

32.  After  a  case  has  been  once- rejected,  the  ap- 
plicant may  have  a  second  examination  by  renew- 
ing his  oath,  either  with  or  without  an  alteration 
of  his  specification.  But  such  alteration  must  be 
in  accordance  with  rule  27. 

33.  After  a  second  rejection,  the  applicant  may 


17 

bring  the  case  before  the  commissioner  in  person, 
and  if  still  dissatisfied,  may  appeal  to  the  attorney 
general. 

34.  The  mode  of  appeal  will  be  by  giving  notiee 
thereof  to  the  commissioner,  filing  in  the  patent 
office,  within  such  time  as  the  commissioner  shall  ap- 
point, the  reasons  of  appeal,  and  paying  to  the  com- 
missioner the  sum  of  twenty-five  dollars.    (Sec.  7.) 

i 

Of  Interferences. 

35.  "When  two  or  more  persons  claim  to  be  the 
first  inventors  of  the  same  thing,  an  "interference" 
will  be  declared  between  them,  and  a  trial  be  had 
before  the  commissioner.  Nor  will  the  fact  that 
one  of  the  parties  has  already  obtained  a  patent, 
prevent  such  an  interference.  For  although  the 
commissioner  has  no  power  to  cancel  a  patent 
already  issued,  he  may,  if  he  finds  that  another 
person  was  the  prior  inventor,  give  him  also  a 
patent,  and  thus  place  them  on  an  equal  footing 
before  the  courts  and  the  public.     (Sec.  8.) 

36.  Upon  the  declaration  of  an  interference,  a 
day  will  be  fixed  for  closing  the  testimony,  and 
a  further  day  fixed  for  the  hearing  of  the  cause. 
Previous  to  this  latter  day  the  arguments  of  counsel 
must  be  filed,  if  at  all. 


18 


37.  If  either  party  shall  wish  a  postponement  of 
either  the  day  for  closing  the  testimony  or  the  day 
of  hearing,  he  must  before  the  day  he  thus  sicks 
to  postpone  has  passed,  show  by  affidavit  a  sufficient 
cause  for  such  postponement. 


Of 


reissues. 


38.  A  reissue  will  be  granted  to  the  original 
patentee,  his  heirs  or  assigns,  when,  by  reason  of 
an  insufficient  or  defective  specification,  the  patent 
is  invalid,  provided  the  error  has  arisen  from  inad- 
vertence, accident  or  mistake,  without  any  fraudu- 
lent or  deceptive  intention.     (Sec.  12.) 

39.  Whatever  is  really  embraced  in  the  original 
invention,  and  so  described  or  shown  that  it  might 
have  been  embraced  in  the  original  patent,  may  be 
the  subject  of  a  reissue. 

40.  The  reissued  patent  expires  at  the  time  the 
original  patent  would  have  expired.  For  this  rea- 
son such  applications  will  be  acted  upon  as  soon  as 
they  are  completed. 

41.  In  all  cases  of  applications  for  reissues,  the 
original  claim  is  subject  to  re-examination,  and 
may  be  revised  and  restricted  in  the  same  manner 
as  original  applications.     (Sec.  20.) 

42.  But  in  all  such  cases,  after  the  action  of  the 


19 

office  shall  have  been  made  known  to  the  appli- 
cant, if  he  prefers  the  patent  originally  granted  to 
that  which  will  he  allowed  by  the  decision  of  the 
office,  he  will  have  the  privilege  of  abandoning  the 
latter  and  retaining  the  old  patent. 

43.  The  following  is  an  appropriate  form  of  ap- 
plication for  a  reissue : 

Surrender  of  a  patent  for  reissue. 
To  the  Commissioner  of  Patents: 

The  petition  of  Samuel  Prague  of  Jack- 
son in  the  county  of  Hinds  and  state  of  Missis- 
sippi, 

Respectfully  7,cj)rescnts,  that  he  did  obtain  letters 
patent  of  the  Confederate  States  for  an  improve- 
ment in  rail  road  chairs  ;  which  letters  patent  are 
dated  on  the  1st  day  of  August  1861;  that  he  now 
believes  the  same  to  be  inoperative  and  invalid, 
by  reason  of  a  defective  specification,  which  defect 
arose  from  inadvertence  and  mistake.  He  there- 
fore prays  he  may  be  allowed  to  surrender  the 
same,  and  requests  that  new  letters  patent  may 
issue  to  him  for  the  same  invention  for  the  residue 
of  the  period  for  which  the  original  patent  was 
granted,  under  the  amended  specification  herewith 


20 

presented,  lie  haying  paid  twenty  dollars  into  the 
treasury  of  the  Confederate  States,  agreeably  to 
the  requirements  of  the  act  of  congress  in  that 
case  made  and  provided. 

Samuel  Prague. 

Form  of  oath  to  he  appended  to  applications  for  re- 
issues. 

City  of  Jackson,  County  of  Hinds, 

and  Slate  of  Mississippi,  ss : 

On  this  day  of 

186     ,  before  the  subscriber,  a  , 

personally  appeared  the  above  named  Samuel 
Sprague,  and  made  solemn  oath  (or  affirmation) 
that  he  verily  believes  that  by  reason  of  an  insuffi- 
cient or  defective  specification,  his  aforesaid  patent 
is  not  fully  valid  and  available  to  him,  and  that  the 
said  error  has  arisen  from  accident,  inadvertence 
or  mistake,  and  without  any  fraudulent  or  decep- 
tive intention,  to  the  best  of  his  knowledge  and 

belief. 

Signed 


Of  disclaimers. 

44.   Where,  by  inadvertence,  accident  or  mis- 
take, the  original  patent  is  too  broad,  a  disclaimer 


21 

ftiay  be  filed  either  by  the  original  patentee  or  by' 
any  of  his  assignees.     (Sec.  19.) 

45.  The  following  is  a  sufficient  form  for  a  dis- 
claimer : 

To  the  Commissioners  of  Patents : 

The  petition  of  Alfred  Lewis  of  Pasca- 
goula  in  the  county  of  Jackson,  state  of  Missis- 
sippi, 

Respectfully  represents,  that  he  has,  by  assignment 
duly  recorded  in  the  patent  office,  become  the 
owner  of  a  right  for  the  state  of  Mississippi,  to 
certain  improvements  in  the  steam  engine,  for 
which  letters  patent  of  the  Confederate  States  were 
granted  to  Hilaire  Krebs  of  the  town,  county  and 
state  aforesaid,  dated  on  the  first  of  August  1861 ; 
that  he  has  reason  to  believe,  that  through  inad- 
vertence and  mistake,  the  claim  made  in  the  speci- 
fication of  said  letters  patent  is  too  broad,  includ- 
ing that  of  which  the  said  patentee  was  not  the 
first  inventor.  Your  petitioner  therefore  hereby 
enters  his  disclaimer  to  that  part  of  the  claim  in 
the  aforenamed  specification,  which  is  in  the  fol* 
lowing  words,  to  wit:  "  I  also  claim  the  particu- 
lar manner  in  which  the  piston  of  the  above  de- 
scribed engine  is  constructed,  so  as  to  insure  i:\w 


blt)se  fitting  of  the  packing  thereof  to  the  cylinder, 
as  set  forth ;  which  disclaimer  is  to  operate  to  the 
extent  of  the  interest  in  said  letters  patent  vested 
in  your  petitioner,  who  has  paid  ten  dollars  into 
the  treasury  of  the  Confederate  States,  agreeably 
to  the  requirements  of  the  act  of  congress  in  that 
'jase  made  and  provided* 

Alfred  Lewis." 

When  the  disclaimer,  is  made  by  the  original 
patentee,  it  must  be  so  worded  as  to  express  that 
fact. 

Of  designs^ 

46.  In  making  an  application  for  a  patent  for  a 
design,  the  same  course  is  to  be  pursued  as  in  ease 
of  an  application  for  patenting  a  machine  $  but  it 
may  be  for  a  term  of  three  and  one-half  years,  the 
fee  being  ten  dollars ;  or  for  a  term  of  seven  years, 
the  fee  being  fifteen  dollars  ;  or  for  a  term  of  four-1 
teen  years,  the  fee  being  twenty  dollars.  If  the 
design  can  be  sufficiently  represented  by  a  draw- 
ing, no  model  is  requisite  in  making  an  application 
for  a  patent  therefor. 

47.  The  following,  or  equivalent  forms,  will  be 
sufficient  in  applications  for  designs  t 


23 


Form  of  application. 

The  petition  of  Sylvester  Churchill  of  New 
Orleans  in  the  parish  of  Orleans  and  state  of 
Louisiana, 

Respectfully  represents,  that  your  petitioner  has 
produced  or  invented  a  new  and  original  design  for 
a  composition  in  alto-relievo  (or  for  a  bust,  statue 
or  bass-relief  or  other  thing,  as  the  case  may  be)* 
which  he  verily  believes  has  not  been  known  prior 
to  the  production  thereof  by  your  petitioner.  He 
therefore  prays  that  letters  patent  of  the  Confede- 
rate States  for  the  term  of  years,  may 
be  granted  to  him  therefor,  vesting  in  him  and  his 
legal  representatives  the  exclusive  right  to  the 
same,  upon  the  conditions  expressed  in  the  act  of 
congress  in  that  case  made  and  provided,  he  having 
paid  dollars  into  the  treasury,  and  com- 
plied with  the  other  provisions  of  said  act. 

Sylvester  Churchill* 

Form  of  specification. 
To  all  ichom  it  mat)  concern  i 

Be  it  known,  that  I,  Sylvester  Churchill, 
of  the  city  of  New  Orleans  in  the  parish  of  Orleans 


21 

and  state  of  Louisiana,  have  produced  or  invented 
a  new  and  original  design  for  ;  and  I 

do  hereby  declare,  that  the  following  is  a  full  and 
exact  description  of  the  same. 

[Here  follows  a  description  of  the  design,  with 
reference  to  the  specimen  or  drawing,  the  specifi- 
cation to  conclude  with  declaring  what  the  inventor 
claims.] 

Sylvester  Churchill. 
Witnesses  i 

HANNON   JoNESt 

Wm.  Elder. 

ftorm  of  oa  lli. 

City  of  New   Orleans-, 

Parish  of  Orleans,  State  of  Louisiana,  ss-: 

On  this  day  of  18G     ,  before  the 

subscriber,  a  personally  ap- 

peared the  within  named  Sylvester  Churchill,  and 
made  oath  (or  affirmation)  that  he  verily  believes 
himself  to  be  the  original  and  first  producer  or  in- 
ventor of  the  design  for  ,  and 
that  he  docs  not  know  or  believe  that  the  same 
was  ever  before  known  or  used,  and  that  he  is  a 
citizen  of  (he  Confederate  States* 


Of  foreign  patents. 

48.  The  taking  out  a  patent  in  a  foreign  coun- 
try will  not  prejudice  a  patent  previously  obtained 
here. 

49.  Where  a  patent  is  applied  for  here,  after  the 
same  invention  has  been  patented  abroad,  it  will 
extend  only  fourteen  years  from  the  date  of  the 
foreign  patent.  For  this  reason,  such  cases  will 
be  acted  upon  out  of  their  order,  and  as  soon  as 
the  application  is  completed. 

-50.  Where  an  applicant  seeks  to  make  his  a 
preferred  case,  in  consequence  of  his  [laving  ob- 
tained a  foreign  patent,  he  should  temporarily  file 
in  the  office  the  patent  so  obtained,  with  the  spe- 
cifications (provisional  or  complete)  attached,  or  an 
authenticated  copy  of  them.  But  where  such  pa- 
pers or  copies  cannot  be  conveniently  furnishedj  it 
will  be  sufficient  if  the  reasons  of  such  inability  be 
set  forth  by  affidavit,  and  also  the  fact  that  a 
foreign  patent  has  actually  been  obtained,  giving 
its  date,  and  showing  clearly  that  the  invention  so 
patented  covers  the  whole  ground  of  his  applica- 
tion here. 

Of  caveats. 

51.    Any  citizen   can   iile  a  caveat  in  the  secret 


26 

archives  of  the  office ;  and  if  at  any  time  withifl 
one  year  thereafter,  another  person  applies  for  a 
patent  for  the  same  invention,  the  caveator  will  be 
entitled  to  notice  to  complete  his  application,  and 
to  go  into  interference  with  the  applicant  for  the 
purpose  of  proving  priority  of  invention  and  ob- 
taining the  patent,  if  that  fact  be  established.    (Sec, 

n.) 

52.  The  caveator  will  not  be  entitled  to  notice 
of  any  application  pending  at  the  time  of  filing 
his  caveat,  nor  of  any  application  filed  after  the 
expiration  of  one  year  from  the  date  of  filing  his 
caveat,  unless  he  renews  his  caveat  at  the  end  of 
one  year,  by  paying  a  second  caveat  fee.  This 
will  continue  his  cayeat  in  full  force  for  one  year 
longer,  and  so  on  from  year  to  year,  as  long  as  the 
caveator  desires. 

53.  A  caveat  need  not  contain  as  particular  a 
description  of  the  invention  as  is  requisite  in  a 
specification ;  but  still  the  description  should  be 
sufficiently  precise  to  enable  the  office  to  judge 
whether  there  is  a  probable  interference  when  a 
subsequent  application  is  made* 

54.  Caveat  papers  cannot  be  withdrawn  from 
the  office,  nor  undergo  alteration  after  they  have 
been   filed  ;   but  additional  papers  relative  to  the 


27 

invention  may  be  appended  to  the  caveat  (their 
date  being  noted),  provided  they  are  merely  amen- 
datory of  the  original  caveat. 

55.  In  the  case  of  supplementary  papers  to  any 
original  caveat,  the  right  to  notice  in  regard  to  the 
subject  of  those  papers  expires  with  the  caveat ; 
and  any  additional  papers  not  relating  to  the  in- 
vention to  which  the  caveat  refers,  will  receive  no 
notice. 

56.  The  caveator,  or  any  other  person  properly 
authorized  by  him,  can  at  any  time  obtain  copies 
of  the  caveat  papers  at  the  usual  rate. 

51.  The  caveat  should  be  accompanied  by  a 
drawing  or  sketch  of  the  invention. 

58.  The  caveat  fee  cannot  be  applied  to  the  ap- 
plication when  completed.     (Sec.  39.) 

59.  The  following  will  give  a  general  idea  of  the 
proper  form  of  a  caveat : 

To  the  Commissioner  of  Patents: 

The  petition  of  John  McRae,  of  Enter- 
prise in  the  county  of  Clark  and  state  of  Missis- 
sippi, 

Respectfully  represents,  that  he  has  made  certain 
improvements  in  the  mode  of  constructing  steam 
boilers,  and  that  he  is  now  engaged  in  experiments 


28 

for  the  purpose  of  perfecting  the  same,  preparatory 
to  his  applying  for  letters  patent  therefor.  He 
therefore  prays  that  the  subjoined  description  of 
his  invention  may  be  filed  as  a  caveat  in  the  secret 
archives  of  the  patent  office,  agreeably  to  the  pro- 
visions of  the  act  of  congress  in  that  case  made 
and  provided,  he  having  paid  ten  dollars  into  the 
treasury  of  the  Confederate  States,  and  otherwise 
complied  with  the  requirements  of  the  said  act. 

John  McRae. 
Enterprise,  July  1st,  1861. 

Annexed  should  be  a  description  of  the  general 
principles  of  the  invention,  so  far  as  it  has  been 
completed. 

Of  the  repayment  of  money. 

GO.  Money  paid  by  actual  mistake  will  be  re- 
funded;  but  a  mere  change  of  purpose  after  the 

payment  has  been  made  will  not  enable  the  person 
to  obtain  his  money  and  withdraw  his  papers. 

()/'  assignments* 

61.  An  inventor  can  assign  his  (Mil in4  right  be- 
fore a  patent  is  obtained,  so  as  to  enable  the  as- 
signee  to  takeout;  the  patent  in  his  own  name; 


29 


but  the  assignment  must  first  be  recorded,  and  the 

specifications  sworn  to  by  the  inventor. 

62.  After  a  patent  is  obtained,  the  patentee  may 
assign  the  right  to  make  or  use  the  thing  patented 
in  any  specified  portion  of  the  Confederate  States 
(sec.  10);  but  no  such  assignment  to  specified  por- 
tions of  the  Confederate  States,  made  prior  to  ob- 
taining the  patent,  will  enable  the  assignees  to  take 
out  the  patent  in  their  names. 

63.  Every  assignment  should  be  recorded  within 
three  months  from  its  date. 

64.  When  the  patent  is  to  issue  to  the  assignee, 
the  entire  correspondence  should  be  in  his  name. 

65.  The  receipt  of  assignments  will  not  be  ac- 
knowledged by  the  office.  They  will  be  recorded 
in  their  turn  as  soon  as  possible  after  they  are  re- 
ceived, and  sent  to  the  persons  entitled  to  them. 

66.  An  assignment  of  a  patent  granted  by  the 
United  States,  whether  of  the  entire  or  of  a  partial 
interest,  bona  fide  made  before  the  fourth  of  Feb- 
ruary 1861,  to  a  citizen  of  the  Confederate  States, 
or  of  the  states  of  North  Carolina  and  Tennessee, 
will  continue  the  patent,  or  such  interest  therein 
as  is  assigned,  in  full  force  for  the  term  for  which 
it  was  issued  yet  unexpired,  on  certain  conditions. 
These  conditions  are,  that  such  assignment  shall  be 


30 

recorded  in  this  office;  that  a  descriptive  drawing 
(and  model,  if  necessary),  sufficienl  to  explain  and 
identify  the  subject  matter  of  the  patent  to  which 
the  assignment  refers,  shall  be  deposited  in  the 
office;  and  that  a  duty  of  twenty  dollars,  together 
with  the  cost  of  recording  the  papers,  shall  be  paid 
by  the  assignee  within  nine  months  from  the  21st 
of  May  1861. 

G7.  Form  of  an  assignment  of  the  entire  inte- 
rest in  letters  patent  before  obtaining  the  same, 
and  to  be  recorded  preparatory  thereto : 

Whereas  I,  John  Doe,  of  in  the 

county  of  and  state  of  , 

have  invented  certain  new  and   useful  improve- 
ments in  ploughs,  for  which  I  am  about  to  make 
application  for  letters  patent  of  the  Confederate 
States :  and  wiiereas  George  Davis,  of 
in  the  county  of  and  state  of  , 

has  agreed  to  purchase  from  me  all  the  right,  title 
and  interest  which  I  have  or  may  have  in  and  to 
the  said  invention,  in  consequence  of  the  grant  of 
letters  patent  therefor,  and  has  paid  to  me,  the  said 
John  Doe,  the  sum  of  ten  thousand  dollars,  the  re- 
ceipt of  which  is  hereby  acknowledged : 

Now,  this  indenture  witnesseth,  that  for  and  in 
consideration  of  said  sum  to  me  paid,  I  have  as- 


31 


signed  and  transferred,  and  do  hereby  assign  and 
transfer  to  the  said  George  Davis  the  full  and  ex- 
clusive right  to  all  the  improvements  made  by  me, 
as  fully  set  forth  and  described  in  the  specification 
which  I  have  prepared  and  executed  preparatory 
to  obtaining  letters  patent  therefor.  And  I  do 
hereby  authorize  and  request  the  commissioner  of 
patents  to  issue  the  said  letters  patent  to  the  said 
George  Davis,  as  the  assignee  of  my  whole  right 
and  title  thereto,  for  the  sole  use  and  behoof  of 
said  George  Davis,  and  his  legal  representatives. 

In  testimony  whereof,  I  have  hereunto  set  my 
hand  and  affixed  my  seal  this  first  day  of  Decem- 
ber 1S61. 

John  Doe.  [Seal.] 
Sealed  and  delivered  in 

presence  of 

Richard  Roe. 
Stephen  Fry. 

The  above  form  can  easily  be  changed,  if  only  a 
partial  right  in  a  patent  be  assigned,  and  not  the 
whole  interest. 

Of  the  office  fees,  and  how  payable. 

68.  Nearly  all  the  fees  payable  to  the  patent 
office  are  positively  required  by  law  to  be  paid  in 


32 

advance.  For  the  sake  of  uniformity  and  convex 
nience,  the  remaining  fees  will  be  required  to  be 
paid  in  the  same  manner — thai  is  to  say,  before  the 
labor  is  performed  for  which  they  are  to  be  received 
in  payment. 

The  following  is  the  tariff  of  fees  established  by 
law.  No  discrimination  is  made  as  between  the 
citizens  of  the  Confederate  States  and  aliens,  when 
the  governments  of  the  latter  make  no  discrimina- 
tion against  our  citizens,  have  recognized  our  inde- 
pendence, and  are  in  amity  with  as. 

On  filing  every  caveat,      -  -  -  -  $10  00 

On  filing-  each  original  application  for  a  patent,  except 

for  a  design,       -  -  -  -  -  20  00 

On  issuing  each  original  patent,  -  -  -  20  00 

On  every  appeal  to  the  attorney  general,  -  -  25  00 

On  special  applications  for  the  reissue  of  a  patent,  as 

provided  for  in  sections  12  and  17  of  the  law,  -  20  00 

On  other  applications  for  the  reissue  of  a  patent,  if  there 

be  such, "30  00 

On  filing  an  application  for  a  patent  for  a  design,  for  the 

term  of  three  and  one-half  years,  -  -  10  00 

On  filing  an  application  for  a  patent  for  a  design,  for  the 

term  of  seven  years,      -  -  -  -  -  15  00 

On  filing  an  application  for  a  patent  for  a  design,  for  the 

term  of  fourteen  years,  *  .... 

On  filing  each  disclaimer,  - 

For  revalidating   or  reviving  patents   granted  by  the 

United  Stales  to  citizens  of  this  Confederacy, 
For  recording  such  patents,  per  hundred  words, 


20  00 

10  00 

20  00 

0  10 

u 


For  certified  copies  of  patents  and  other  papers,  per  hun- 
dred -words,       -  -  *  -  -  -  0  10 

Fur  recording  every  assignment,  agreement,  polver  of 
attorney,  and  other  papers  of  three  hundred  words  or 
under,    -  -  -  -  -  -  -  1  00 

For  recording  every  assignment  and  other  paper,  over 
three  hundred  words  and  under  one  thoiisand  words;  -  2  00 

For  recording  every  assignment  and  other  writing,  if 

over  one  thousand  Words,         -  -  -  -  3  00 

For  copies  of  drawings,  the  reasonably  cost  of  making 
the  same. 

The  office  having  no  franking  privilege,  appli-- 
cants  must  remit  a  sum  of  money  to  pay  for  post- 
age—  for  distances  under  500  miles,  one  dollar  s 
over  500  miles,  two  dollars* 

70.  It  is  recommended  that  the  money  for  the 
payment  of  fees  should  be  deposited  either  with 
the  public  officers  designated  in  a  previous  article, 
or  an  assistant  treasurer,  the  applicant  taking  a 
certificate,  and  remitting  the  same  to  this  officei 
When  this  cannot  be  done  without  inconvenience, 
the  money  may  be  remitted  by  express  or  by  mail, 
at  the  risk  and  cost  of  the  owner  $  and  in  every 
instance  the  letter  accompanying  the  money  should 
state  the  exact  amount  enclosed* 

71.  In  case  of  deposit  made  with  the  assistant 
treasurers,  or  other  persons  authorised  to  receive 
the  money,  a  duplicate  receipt  should  be  taken. 


34 

•stating  by  whom  the  payment  was  made,  and  for 
what  purpose. 

The  certificate  of  deposit  may  be  made  in  thj 
following  form  : 

Office  Of  the  * 


The  treasurer  of  the  Confederate  States  has  cre- 
dit at  this  ofhce  for  dollars  in  specie 
deposited  by  of  the  town  of 
in  the  county  of  and  state  of  , 
the  -same  being  the  fee  in  an  application1  for  a. 
patent  for  an  improvement  in  churns  (or  what- 
ever the  thing  may  be),  made  (or  to  be  made)  by 

said  » 

A——  B . 

Persons  depositing  money  in  this  way,  must  for- 
ward the  receipt  or  certificate  to  this  office  as  evi- 
dence thereof;  Bank  notes  or  checks  cannot  be 
received. 

72.  All  money  sent  by  mail  from  this  office  will 
be  at  the  risk  of  the  owner.  In  no  case  should 
money  be  sent  enclosed  with  models. 

73.  All  payments  to  and  by  this  office  must  be 
made  in  specie. 


35 

Taking  and  transmitting  testimony,  §'c. 

74.  Section  34  of  the  act  requires  the  clerks  of 
the  courts  of  the  Confederate  States  for  any  dis- 
trict or  territory,  on  the  application  of  any  party 
to  an  interference  in  the  patent  office,  or  his  attor- 
ney, to  issue  subpoenas  for  any  witness  residing  or 
being  within  said  district  or  territory,  commanding 
such  witness  to  appear  and  testify  before  any  jus- 
tice of  the  peace  or  other  officer  authorized  by  law 
to  take  depositions:  and  the  judge  of  the  court 
whose  clerk  shall  issue  such  subpoena,  is  empow- 
ered and  directed  to  enforce  obedience  to  the  pro- 
cess. But  no  witness  can  be  required  to  attend 
at  any  place  more  than  forty  miles  from  the  place 
where  the  subpoena  shall  be  served  upon  him,  nor 
unless  his  fees  for  going  to,  returning 'from,  and 
one  day's  attendance  at  the  place  of  examination, 
shall  be  paid  or  tendered  to  him  at  the  time  of  the 
service  of  the  subpoena ;  nor  can  a  witness  be  re- 
quired to  disclose  any  secret  invention  made  or 
owned  by  him.     (Sec.  34.) 

75.  In  contested  cases,  the  following  rules  have 
been  established  for  taking  and  transmitting  evi- 
dence : 

1st.    That  before  the  deposition  of  a  witness  or 


36 

witnesses  be  taken  by  either  party,  reasonable  no- 
tice shall  be  given  to  the  opposite  party  of  the 
time  and  place  when  and  where  such  deposition 
or  depositions  will  be  taken,  so  that  the  opposite 
party,  either  in  person  or  by  attorney,  shall  have 
fall  opportunity  to  cross  examine  the  witness  or 
witnesses;  and  such  notice  shall,  with  proof  of  the 
service  of  the  same,  be  attached  to  the  deposition  or 
depositions,  whether  the  party  cross  examine  or 
not ;  and  snch  notice  shall  be  given  in  sufficient 
time  for  the  appearance  of  the  opposite  party,  and 
for  the  transmission  of  the  evidence  to  the  patent 
office  before  the  day  of  bearing* 

2d.  That  all  evidence,  &c.  shall  be  sealed  and 
addressed  to  the  commissioner  of  patents  by  the 
persons  before  whom  it  is  taken,  and  so  certified 
thereon* 

3d.  That  the  certificate  of  the  magistrate  shall 
be  substantially  in  the  following  form,  viz  ; 

"I  hereby  certify  that  the  depositions  of  A,  B, 
C,  D,  &c,  relating  to  the  matter  of  interference 
between  E  F  and  G  H,  were  taken,  sealed  up  and 
addressed  to  the  commissioner  of  patents  by  me, 

.1 L , 

Justice  of  the  Peace, 


4th.  That  no  evidence  touching  the  matter  at 
issue  will  be  considered  upon  the  said  day  of  hear- 
ing, which  shall  not  have  been  taken  and  filed  in 
compliance  with  these  rules  ;  provided,  that  if  either 
party  shall  be  unable,  fot  good  and  sufficient  rea- 
sons, to  procure  the  testimony  of  a  witness  or  wit- 
nesses within  the  stipulated  time,  then  it  shall  be 
Mir  duty  of  said  party  to  give  notice  of  the  same 
to  the  commissioner  of  patents,  accompanied  by 
statements,  under  oath,  of  the  cause  of  such  in- 
ability, and  of  the  steps  which  have  been  taken  to 
procure  said  testimony,  and  of  the  tittie  or  times 
when  efforts  have  been  made  to  procure  it )  which 
last  mentioned  notice  to  the  commissioner  shall  be 
received  by  him  previous  to  the  day  of  hearing 
aforesaid. 

70.  The  notice  far  taking  testimony  must  be 
served,  by  delivering  to  the  adverse  party  a  copy; 
If  he  cannot  be  found,  such  service  may  be  made 
Upon  his  agent  or  attorney  of  record,  or  by  leaving 
a  copy  at  the  party's  usual  place  of  residence,  with 
some  member  of  the  family  who  has  arrived  at  the 
years  of  discretion.- 

It  must  be  annexed  to  the  deposition,  with  a  cer- 
tificate, duly  sworn  to,  stating  the  manner  and  time 
at  which  the  service  was  made. 


38 

17.   The  testimony  must  (if  either  party  desires 

it)  be  taken  in  answer  to  interrogatories — haying 
the  questions  and  answers  committed  to  writing, 
in  their  regular  order,  by  the  magistrate,  or  under 
his  direction,  by  some  person  not  interested  in  the 
issue,  nor  the  agent  or  attorney  of  one  who  is. 
The  deposition,  when  complete,  must  be  signed  by 
the  witness* 

78.  The  magistrate  must  append  to  the  deposi- 
tion his  certificate,  stating  the  time  and  place  at 
which  it  was  taken,  the  names  of  the  witnesses, 
the  administration  of  the  oath,  at  whose  request 
the  testimony  was  taken,  the  occasion  upon  which 
it  is  intended  to  be  used,  the  names  of  the  adverse 
parties,  and  whether  they  were  present. 

79.  No  notice  will  be  taken,  at  the  hearing,  of 
any  merely  formal  or  technical  objection,  unless  it 
may  reasonably  be  presumed  to  have  wrought  a 
substantial  injury  to  the  party  raising  the  objec- 
tion: nor  even  then,  unless  as  soon  as  that  party 
became  aware  of  the  objection,  he  immediately 
give  notice  thereof  to  this  olhce,  and  also  to  the 
opposite  party,  informing  him  at  the  same  time 
that,  unless  corrected,  he  should  urge  his  objection 
at  the  hearing. 


39 

80;  The  following  forms  are  recommended  for" 
observance  in  the  taking  of  depositions : 

A  B,  being  duly  sworn,  doth  depose  and  say,  in 
answer  to  interrogatories  proposed  to  him  by  C  D* 
counsel  for  E  F,  as  follows,  viz : 

1st  interrogatory.  What  is  your  name,  your 
residence  and  occupation  ? 

1st  answer.  My  name  is  A  B.  I  am  a  carpen- 
ter, and  reside  in  Mobile,  Alabama. 

And  in  answer  to  cross  interrogatories  proposed 
to  him  by  G  H,  counsel  for  J  K,  as  follows,  viz  t 

1st  cross  interrogatory,  &c. 

(Signed)  A — -—  B , 

State  of  Alabama,  Mobile  Count]/,  ss : 

At  Mobile,  in  said  county,  on  the 
day  of  A.  D.  ISO     ,  before  me,  per* 

sonally  appeared  the  above  named  A  B,  and  made 
oath  that  the  foregoing  deposition,  by  him  sub- 
scribed, contains  the  whole  truth,  and  nothing  but 
the  truth. 

The  said  deposition  is  taken  at  the  request  of  E 
F,  to  be  used  upon  the  hearing  of  an  interference 
between  the  claims  of  the  said  E  F  and  those  of  J 
K,  before  the  commissioner  of  patents  of  the  Con- 


federate  States,  <rit  his  office,  on  the  day  ol 

next.  The  said  J  K  was  duly  noti- 
fied, as  appears  by  the  original  notice  hereto  an- 
nexed, and  certified  by  me. 

L- — —  M— ~, 

Justice  of  the  Peace i 

The  magistrate  must  then  seal  up  the  deposition 
When  completed,  and  endorse  upon  the  envelope  a 
certificate,  according  to  the  form  prescribed  in  sec- 
tion 75,  and  sign  it. 

Rules  of  corrcsj)o?idcncct 

81.  All  correspondence  must  be  in  the  name  of 
the  commissioner  of  patents)  and  all  letters  and 
other  communications  intended  for  the  office  must 
be  addressed  to  him.  If  addressed  to  any  of  the 
Other  officers,  they  will  not  be  noticed,  unless  it 
should  be  seen  that  the  mistake  was  owing  to  in- 
advertence. 

82.  When  an  agent  has  filed  his  power  of  attor- 
ney, duly  executed,  the  correspondenee  will,  in  or- 
dinary cases,  be  held  with  him  only.  A  double 
correspondence  with  him  and  hip  principal,  if  ge- 
nerally allowed,  would  largely  increase  the  labor 
of  the  office.  For  the  same  reason,  (lie  assignee 
of  the  entire  interest  in  an  invention  will  be  .alone 


41 

entitled  to  hold  correspondence  with  the  office,  to 
the  exclusion  of  the  inventor.  If  the  principal  be- 
comes dissatisfied,  he  must  revoke  his  power  of  at- 
torney, and  notify  the  office,  which  will  then  com- 
municate with  him. 

Of  the  filing  and  preservation  of  papers. 

83.  All  claims  and  specifications  filed  in  this 
office  (including  amendments)  must  be  written  in 
a  fair,  legible  hand,  without  interlineations  or  era- 
sures, except  such  as  are  clearly  stated  in  a  margi- 
nal or  foot  note  written  on  the  same  sheet  of  paper. 
If  they  are  not,  the  commissioner  may  direct  them 
to  be  printed  at  the  expense  of  the  applicant.  (Sec. 
38.) 

84.  Every  paper  filed  in  the  office  must  be  en- 
dorsed in  such  a  manner  as  to  show  its  general 
character  on  the  outside.  It  must  also  show  the 
exact  date  on  which  it  was  filed.  But  where  seve- 
ral papers  which  are  all  filed  at  one  and  the  same 
time,  are  permanently  fastened  together,  one 
"filing"  for  the  whole  will  be  sufficient. 

Letters  going  on  the  files  of  any  particular  case 
must,  in  addition  to  the  filing  above  directed,  be 
endorsed  with  the  name  of  the  writer  and  date 
when  written. 


42 

(The  above  rule  is  intended  for  the  guidance  of 
the  employees  in  this  office  alone.) 

85.  All  papers  thus  "filed"  will  bo  regarded  as 
permanent  records  of  the  office,  and  must  never, 
on  any  account,  be  changed,  Inn  her  than  to  cor- 
rect mere  clerical  mistakes. 

Of  amendments. 

86.  All  amendments  of  specifications  or  claims 
must  be  made  on  separate  sheets  of  paper  from  the 
original,  and  must  be  filed  in  the  maimer  above 
directed. 

Where  amendments  are  required,  the  papers 
themselves  will  be  generally  returned  to  the  appli- 
cant ;  but  it  wTill  be  only  to  enable  him  to  make 
those  amendments  so  as  to  be  in  harmony  with  the 
context.  Even  where  the  amendment  consists  in 
striking  out  a  portion  of  the  specification  or  other 
paper,  the  same  course  should  be  observed.  No 
erasure  must  be  made.  The  papers  must  remain 
forever  just  as  they  were  when  filed,  so  that  a  true 
history  of  all  that  has  been  done  in  the  case  may 
be  gathered  from  them. 

87.  The  following  are  given  as  specimens  of  the 
forms  proper  to  be  observed  in  such  cases : 

"I  hereby  amend  my  specification,  by  inserting 
the  following  words  after  the  word  in 


the  line  of  the  page  thereof;  [here 

should  follow  the  words  that  are  to  be  inserted  :] 
or,  "I  hereby  amend  my  specification,  by  striking- 
out  the  line  of  the  Page  thereof;"  or 
"  by  striking  out  the  first  and  fourth  claims  ap- 
pended thereto  ;"  or  whatever  may  be  the  amend- 
ment desired  by  the  applicant. 

88.  The  forms  of  other  amendments  will  readily 
suggest  themselves.  In  each  case  the  exact  words 
to  be  struck  out  or  inserted  should  be  clearly  de- 
scribed, and  the  precise  point  where  any  insertion 
is  to  be  made. 

89.  Where  papers  are  returned  to  the  applicant 
for  amendment,  the  original  papers  must  in  all 
cases  be  returned  to  the  office  for  preservation, 
together  with  the  amendments. 

90.  In  some  cases  amendments  will  be  permit- 
ted to  be  made  by  writing  out  the  entire  paper 
anew;  but  even  when  this  is  done,  the  original 
paper  must  be  returned  and  preserved. 

91.  No  paper  will  be  allowed  to  be  taken  from 
this  office  unless  receipted  for,  or  unless  a  written 
request  be  filed  by  the  party  entitled  to  control  the 
case,  nor  until  all  interlineations  and  erasures  are 
clearly  noted  on  the  paper  in  such  manner  as  to 
prevent  the  possibility  of  any  change  being  made 
without  the  certainty  of  immediate  detection. 


44 


Rules  for  reconsiderations. 

The  following  rule;;  will  be  strictly  observed, 
except  when,  for  cause  shown,  in  special  cases,  A 
modification  shall  be  allowed: 

92.  Upon  the  rejection  of  an  application  for  a 
patent  for  the  want  of  novelty,  the  applicant  will 
be  furnished  with  references  to  the  cases  on  which 
the  rejection  was  made,  and  with  a  brief  explana- 
tion of  the  cause  of  rejection. 

Previous  to  the  second  examination  of  any  case 
which  has  been  once  rejected,  the  applicant  must 
renew,  in  substance,  the  oath  originally  filed  with 
his  specification. 

But  the  applicant,  without  renewing  his  oath, 
may  come  before  the  proper  examiner,  between 
two  and  three  o'clock  P.  M.  on  any  Monday,  Wed- 
nesday or  Friday  of  the  week,  and  may  then  point 
out  any  mistake  or  oversight  on  the  part  of  the 
office,  which  will  be  cheerfully  corrected ;  but  if 
the  alleged  error  of  which  lie  complains  is,  in  the 
judgment  of  the  examiner,  upon  the  merits  of  the 
application,  and  can  only  be  made  apparent  by  a 
re-examination  of  the  case,  the  applicant  cannot 
be  heard  to  insist  upon  its  correction,  without  a 
renewal  of  the  oath  of  invention. 

Should  there  be  a  second  rejection  alter  a  re- 


45 

examination,  the  applicant  may  in  person  or  by  his 
agent,  or  in  writing,  bring  the  matter  before  the 
commissioner,  who  will  examine  the  case  in  per- 
son. The  decision  of  the  commissioner  will  be 
final,  so  far  as  the  action  of  this  office  is  concerned. 
The  only  remaining  remedy  will  be  by  appeal  to 
the  attorney  general. 

Of  giving  or  withholding  information. 

93.  Aside  from  the  caveats  which  are  required 
by  law  to  be  kept  secret,  all  penning  applications 
will  be,  as  far  as  practicable,  preserved  in  like  se- 
crecy. Xo  information  will  therefore  be  given  to 
those  enquiring  whether  any  particular  application 
for  a  patent  is  before  the  office,  or  whether  any 
particular  person  has  applied  for  a  patent. 

94-.  But  information  will  be  given  in  relation  to 
any  case  after  a  patent  has  issued,  or  after  a  patent 
has  been  refused,  and  the  further  prosecution  of 
the  application  is  abandoned. 

The  models  in  such  cases  will  be  so  placed  as 
to  be  subject  to  general  inspection.  The  specifi- 
cations and  drawings  in  any  particular  case  can  be 
seen  by  any  one  having  particular  occasion  to  ex- 
amine them ;  and  copies  thereof,  as  well  as  of 
patents  granted,  will  be  furnished  to  any  one  wil- 
ling  to   pay  the  bare  expense   of  making  them. 


I  opies  will  be  made  on  parchment,  at  the  rcquost 
of  the  applicant,  upon  his  paying  the  additional 

95.  I .  r  a  case  is  rejected,  the  applica- 
tion will  be  regarded  as  pending  until  after  the 

;(>n  of  an  appeal  thereon  ;  but  if  a  party  whose 
application  is  filed,  Bhall  fail  to  complete  it,  so  that 
it  can  be  examined  within  two  years  after  the  filingj 
of  tin*  petition,  it  will  be  regarded  as  abandoned, 
and  the  invention  to  which  it  refers  dedicated  to 
the  public,  unless  it  be  shown,  to  the  satisfaction 
of  the  commissioner,  that  such  delay  was  unavoid- 
able; and  all  applications  pending  prior  to  the 
gist  May  Is-'*)!,  the  day  of  the  passage  of  the  pa- 
tent   law,  Will    be  treated  as  if  filed  thereafter] 

96.  In  all  oases  vvhere  the  specification  shall  be 

withdrawn  from  the  office,  and  retained  by  the 
applicant  or  his  agent  for  tin4  space  of  six  months, 
an  abandonment  will  be  presumed,  at  least  so  far 
that  the  invention  to  which  it  relates  will  not  be 
protected  by  any  rule  of  secrecy. 

1)7.  Information  in  relation  to  pending  cast's  will 
be  given  so  far  as  it  becomes  necessary  in  conduct- 
ing the  business  of  the  office,  but  no  further.  Tims, 
When  an  interference  shall  be  declared  between  two 
pending  applications,  each  of  the  contestants  will 


47 

be  entitled  to  a  knowledge  of  so  much  of  his  an- 
tagonist's case  as  to  enable  him  to  conduct  his  own 

understanding! } ". 

And  where  the  rejection  of  an  application  shall 
be  founded  upon  another  case  previously  rejected, 
but  not  abandoned,  the  rejected  applicant  will  be 
furnished  with  all  information  in  relation  to  the 
previously  rejected  case  which  is  necessary  for  the 
proper  understanding  and  management  of  his  own* 

9S.  When  an  applicant  claims  a  certain  device, 
and  the  same  device  is  found  described  but  not 
claimed  in  another  pending  application  which  was 
previously  filed,  information  of  the  filing  of  such 
second  application  will  always  be  given  to  the 
prior  applicant,  with  a  suggestion  that  if  he  de- 
sires to  claim  a  patent  for  that  device,  he  should 
forthwith  modify  his  specification  accordingly. 

99.  But  where  the  application  which  thus  de- 
scribes a  device  without  claiming  it  shall  be  subse- 
quent in  date  to  that  wherein  such  device  is  claimed 
the  general  rule  will  be  that  no  notice  of  the  claim 
in  the  previous  application  will  be  given  to  the 
subsequent  applicant.  But  where  there  are  any 
special  reasons  to  doubt  whether  the  prior  appli- 
cant is  really  the  inventor  of  the  device  claimed, 
or  where  there  are  any  other  peculiar  and  sufficient 
reasons  for  departing  from  the  rule  above  stated, 


the  office  reserve  elf  the  right  of  so  doing 

without  its  being  regarded  as  a  departure  from  the 
established  rule. 

100.  The  office  cannot  respond  to  enquiries  as 
to  the  novelty  of  au  alleged  invention,  in  advance 
of  an  application  for  a  patent  in  manner  pointed 
out  in  this  pamphlet,  for  obvious  reasons;  nor  to 
enquiries  founded  upon  brief  and  imperfect  de- 
scriptions propounded  with  a  view  of  ascertain- 
ing whether  such  alleged  improvements  have  been 
patented  ;  and  if  so,  to  whom  ;  nor  can  it  act  as 
an  expounder  of  the  patent  law,  nor  as  counsellor 
for  individuals,  except  as  to  questions  arising  within 
the  office. 

101.  All  business  with  the  office  must  be  trans- 
acted in  writing,  unless  by  the  consent  of  all  parties, 
and  t\\e  action  of  the  office  will  be  based  exclusively 
on  the  written  record.  No  attention  will  be  paid 
to  any  alleged  verbal  promise  or  understanding  in 
relation  to  which  there  is  any  disagreement  or 
doubt. 

RUFUS  R,  RHODES, 

Commissioner  of  Patents. 
Confederate  States  Pateni  Office,  June  17,  1861. 


